Version from 1 March 2023, valid until revoked or amended.
Basis of the business relationship
The subject matter of the Services is the provision of information as described in the “Features” section of ComplyCheck’s website. Under no circumstances do the Services include any rights to software, licensing rights or any other intellectual property rights.
Duration and renewal of the contract
The contract between Fintech and the Customer comes into effect upon subscription to the Services and is valid for the agreed duration of the subscribed Services.
Upon expiry, the contract concerning the Services shall be tacitly renewed for the originally agreed term, unless terminated by either party at least one day before expiration of the contract in the manner specified under the Customer’s personal account section (for termination by the Customer) or by email (for termination by Fintech). Excluded from this are any free trial subscriptions, which are limited to the duration specified when the contract is concluded.
If the contract is renewed, the price list valid at renewal as published on ComplyCheck’s website shall automatically apply. The prepaid subscription price is guaranteed for the prepayment period and cannot be increased during such period. Subscription price increases will be announced on the relevant website of ComplyCheck before they come into effect. Individual notifications to the Customer will generally not be made. If the Customer does not accept the price increase, the contract can be terminated under the existing conditions at the end of the term while observing the applicable notice period. All the prices stated by ComplyCheck, or displayed in lists of rates that have been issued, are net prices excluding VAT. If applicable, VAT is payable in addition.
Scope of use
The Services are intended solely for the personal use of the Customer – any use beyond or diverging from this, and any dissemination of the Services as well as of the information and related reports obtained through them, is only permitted with the express consent of Fintech and such consent may be revoked at any time.
Services provided by ComplyCheck
The content and scope of the Services made available to the Customer depend on the particular type of subscription (for example: free or paid use, single or multiple users, etc.).
Generally, the Services are available 7 days a week, 24 hours a day. However, Fintech reserves the right to restrict these operating times and/or temporarily suspend them for technical reasons, and to modify the Services as deemed necessary at any time. The content and scope of the Services may also be altered or extended at any time by software updates or technical advancements.
Due date, arrears and methods of payment
The fees for the Services are due immediately upon subscription to the Services or renewal of the related contract if no payment period is indicated and no other agreement has been made. If the Customer falls into arrears with the payment, the legal consequences of default shall come into effect, and on second reminder a collection fee of CHF 20.00 will be charged. Fintech is also entitled to assign external partners to process the collection of fees. Moreover, the Customer shall be responsible for any additional costs caused by his/her/its payment default.
The following methods of payment are offered for fee-based Services: Credit card or debit card. Fintech reserves the right to modify, add to or remove the payment methods offered at its own discretion. There is no entitlement to a specific method of payment.
Liability of Fintech
Fintech endeavors to ensure that the data and information as well as related reports provided to Clients as part of the Services are complete and accurate. The Customer takes note of the fact that data and information as well as related reports may still contain a certain degree of error. Subject to statutory regulations, Fintech and its partners specifically exclude any warranty or guarantee with regard to the completeness, current relevance, accuracy, usability or suitability of the data and information as well as related reports for a specific purpose.
Fintech will only accept liability for delays and errors where willful misconduct or gross negligence on its part can be demonstrated. In particular, it does not accept liability for faults and delays of third parties. Fintech shall only be liable for loss or damage incurred by the Customer through the use of the Services when it can be demonstrated that this was caused by willful or grossly negligent behaviour on the part of Fintech. To the extent permitted by law, the liability of Fintech will always be limited to the amount billed to the Customer for the Services. In no case shall Fintech be liable for consequential damages or lost profits.
Fintech does not accept liability for damage caused by faulty technology or computer viruses, spy programs and/or other harmful computer programs (malware, spyware). Neither is any liability accepted for the consequences of interruptions to business operations caused by any type of error, or resulting from work on rectifying errors, maintenance or introducing new technology.
The same restrictions to liability apply to any employees, representatives and agents who are used to fulfil the obligations of Fintech.
Duty of care and liability of the Customer
All data and information as well as related reports from ComplyCheck are to be handled with the utmost confidentiality. The use and application of the data and information as well as related reports is only permitted for the Customer and his/her/its employees, where applicable, for their own purposes. The Customer commits to the following: not to make his/her/its user account and especially his/her/its access information (password) available to other individuals – even within the same company; to safeguard the access information and protect it from third-party attacks; to fill out his/her/its contact information and other details accurately when registering; and not to misuse or overuse his/her/its access rights.
The Customer undertakes to comply with applicable data protection regulations. The Customer is responsible for any damages resulting from negligence of his/her/its due diligence obligations or from a copyright violation, namely those affecting Fintech and its partners.
Copyrights and other intellectual property rights
Fintech retains all copyrights and other intellectual property rights in connection with ComplyCheck and the Services including their layout, software and contents. It is not permitted to present the website of ComplyCheck or its content wholly or in part by means of technical aids (e.g. framing).
The ownership rights and copyrights in all the data and information as well as related reports remain with Fintech. Usage rights are only granted to Customers to the extent necessary for fulfilling the purpose of the contract. In cases of doubt, only usage rights and no copyrights or ownership rights are transferred. The Customer is not entitled to pass on the data and information as well as related reports to third parties.
Right of representation
Fintech recognises the Customer’s employee who communicates with Fintech in person, by telephone or in writing (by letter, fax or e-mail) as the authorised and empowered representative, regardless of the signatory power listed in the commercial register. The Customer shall bear the risk for inadequate authorisation to represent the company or a lack of legitimisation for company employees.
Fintech may provide the Customer with an interface (API) to communicate with software of third-party providers. Unless otherwise agreed in writing, Fintech always has the right to partly or wholly restrict access to this interface for good cause. Such good cause includes the migration of data over the interface by competitors of Fintech to its detriment, or an overloading of the infrastructure by inquiries via the interface. The Customer undertakes to delete all data provided by ComplyCheck within 10 days after the contract ends, and to confirm the deletion in writing to Fintech.
Means of communication and transmission errors
Fintech is entitled to direct all messages to the Customer to the delivery address or e-mail address, telephone and/or fax number listed in the contract. Fintech is to be provided with timely written notification of changes by the Customer (by letter, fax, e-mail or through a change to “Profile” in the Customer’s personal section at ComplyCheck.ch). The Customer shall bear the risk for damages arising from the use of communication and/or transport means including loss, delays or the incorrect transmission of information.
Applicable law and place of jurisdiction
The relationship between Fintech and the Customer shall be governed by Swiss law.
Regardless of the domicile of the Customer, the ordinary courts of the Canton of Lucerne shall have jurisdiction for all disputes arising from or in connection with the relationship between Fintech and the Customer. However, Fintech reserves the right to bring legal actions before any other competent courts, in particular at the domicile of the Customer.